High Court Takes Up NC Law On Medicaid Tort Recoupment

Law360, New York (September 25, 2012, 9:21 PM EDT) -- The U.S. Supreme Court agreed Tuesday to review a state law that predetermined how much North Carolina Medicaid could recoup from the malpractice settlement of a baby girl left blind after an allegedly botched delivery, potentially impacting medical providers’ efforts to avoid negligence trials.

The high court was apparently persuaded by the state’s petition arguing that uncertainty surrounds its ability to streamline processes for clawing back medical expenses when a person who receives Medicaid-funded treatment also receives compensation from a practitioner whose errors made the treatment...
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